Indonesia: Upcoming Data Privacy Law and Regulation

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Indonesia: Upcoming Data Privacy Law and Regulation

There is a positive development in data privacy protection in Indonesia, due to the issuance of a draft Ministerial Regulation on Data Protection (Draft Regulation) by the Ministry of Communications and Informatics of the Republic Indonesia (MOCI). This Draft Regulation was prepared as one of the implementing regulations of Law No 11 of 2008 on Electronic Information and Transactions (EIT Law) and Government Regulation No 82 of 2012 on the Implementation of Electronic Systems and Transactions (GR 82). In October 2015, the government also issued a draft Data Protection Law (Draft Law).

Until now, there is no confirmation on the issuance date of both the Draft Regulation and Draft Law.

In general, the Draft Law is aimed at bringing Indonesia in line with some other jurisdictions when it comes to protecting data privacy, which should be essential since, until now, there is no law and regulation in Indonesia specifically regulating data privacy issues.

The Draft Law contains a definition of "personal data" which includes data of a person's life that can be identified automatically or combined with other information through electronic or non-electronic systems. It also specifically regulates that all data such as religion/belief, health, physical and mental condition, sex life and financial information is deemed as "sensitive personal data".

Moreover, according to the Draft Law, personal data operators are prohibited from transferring personal data to other countries unless the receiving country has personal data protection measures consistent with the Draft Law. This does not apply if (i) there is a contract between the personal data operator and the offshore data receiver; or (ii) there is a bilateral agreement.

The personal data operator must secure consent before transferring the data, and the data receiver cannot use the personal data except for the use that the data owner has consented to. The personal data operator must also notify the data owner in case of a merger, spin-off, consolidation or other business transactions that may affect the implementation, management or transfer of personal data.

Under the Draft Regulation, electronic system operators that will make cross-border data transfers must first coordinate with the MOCI on the transfer plan and the results of the transfer activities. Moreover, if anyone wishes to show, publish, send or disseminate personal data, or open the access to its electronic system to the public, such personal data should be derived from an electronic system dedicated to public service.

The Draft Regulation also provides time requirements for personal data storage, which is five years at minimum, in the absence of laws regulating data storage in relevant business sectors.

Lukiantono_Daru
Anindito

Daru Lukiantono

Wiku Anindito


Hadiputranto, Hadinoto & PartnersThe Indonesia Stock Exchange Building, Tower II, 21st FloorSudirman Central Business DistrictJl. Jendral Sudirman Kav 52-53Jakarta 12190, IndonesiaTel: +62 21 2960 8888Fax: +62 21 2960 8999www.hhp.co.id

more from across site and SHARED ros bottom lb

More from across our site

Leaders at the newly merged firm Jones Maxwell Smith & Davis reveal their plan to take on bigger firms while attracting more clients and talent
Charles Achkar, who will bring a team of two with him, said he was excited about joining ‘one of the few strong IP boutiques’
Andy Lee, head of IP at Brandsmiths and winner of the Soft IP Practitioner of the Year award, tells us why 2024 was a seminal year and why clients value brave advice
The deal to acquire MIP's parent company is expected to complete by the end of May 2025
Jinwon Chun discusses the need for vigilance, his love for iced coffee, and preparing for INTA
Karl Barnfather’s new patent practice will focus on protecting and enforcing tech innovations in the electronics, AI, and software industries
Partner Ranjini Acharya explains how her Federal Circuit debut resulted in her convincing the court to rule that machine learning technology was not patent-eligible
Paul Hastings and Smart & Biggar also won multiple awards, while Baker McKenzie picked up a significant prize
Burford Capital study finds that in-house lawyers have become more likely to monetise patents, but that their IP portfolios are still underutilised
Robert Reading and Faidon Zisis at Clarivate unpick some of the data surrounding music-related trademarks
Gift this article